REPRESENTATIONS AND WARRANTIES – SUBCONTRACT AGREEMENT

REPRESENTATIONS AND WARRANTIES

• The SUBCONTRACTOR represents and warrants to the CONTRACTOR that:
  • it is a company duly organized and validly existing under the laws of Kingdom of Saudi Arabia and that it comply with all requirements in order to maintain such existence and good standing under the laws of its jurisdiction of formation.
  • it is fully experienced and properly qualified to execute the class of the Subcontract Works and is properly licensed, equipped, organized, and financed to execute the Subcontract Works;
  • it fully understands all legal requirements and business practices that must be followed during the execution of the Subcontract Works;
  • it has obtained all the necessary information before agreeing to the Subcontract Price and has taken into account all circumstances that may affect the Subcontract Price and therefore accepts all responsibility for having properly evaluated all costs and contingencies for the successful execution and completion of the Subcontract Works;
  • it has carefully examined the Subcontract and has obtained a full understanding and knowledge of the nature, quality and Scope of Subcontract Works and of its obligations under the Subcontract, including but not limited to, the completion of Subcontract Works within the Time for Completion;
  • it is fully satisfied as to the correctness and completeness of all of the Subcontract and that they do not contain any errors, deficiencies, in accuracies, contradictions, ambiguities or discrepancies; (See Particular Terms and Conditions Appendix P)
• The SUBCONTRACTOR shall be deemed to have inspected and examined the Subcontract Works Site and its surroundings and to have satisfied itself, before entering into the Subcontract, as to all matters affecting or relating to the Subcontract Works Site including but not limited to: (See Particular Terms and Conditions Appendix P)
  • existing roads or other means of communication with and access to the Subcontract Works Site;
  • the nature of the ground and sub-soil within and surrounding the Subcontract Works Site; (See Particular Terms and Conditions Appendix P)
  • the form and nature of the Subcontract Works Site;
  • the risk of injury or damage to property adjacent to the Subcontract Works Site or to the occupiers of such property;
  • the nature of the materials (whether natural or otherwise) within and surrounding the Subcontract Works Site to be excavated or piled through; (See Particular Terms and Conditions Appendix P)
  • the nature of the work and materials and time necessary for the completion of the Subcontract Works;
  • the accommodation the SUBCONTRACTOR may require; and
  • climatic conditions, and generally to have obtained its own information on all matters affecting the execution of the Subcontract Works.
• With regard to the Subcontract Works and the Main Contract Works relating thereto, the SUBCONTRACTOR shall be deemed to have the full knowledge of the requirements of the COMPANY, its affiliated companies and agents, and the SUBCONTRACTOR shall strictly comply with such requirements.
• The SUBCONTRACTOR shall obtain and maintain in a timely manner all the permits as are requires for the design, procurement, construction, testing, pre-commissioning and commissioning of the Subcontract Works. The SUBCONTRACTOR shall from time to time deliver to the CONTRACTOR copies of all the SUBCONTRACTOR’s permits that have been issued to the SUBCONTRACTOR and not previously provided to the CONTRACTOR.(See Particular Terms and Conditions Appendix P)